South Carolina Code of Laws
Chapter 73 - State Commodity Code
Section 39-73-315. Action by administrator to prevent violation or imminent violation.

(A) If the administrator believes, whether or not based upon an investigation conducted under Section 39-73-310, that a person has engaged or is about to engage in an act or a practice constituting a violation of this chapter or a related regulation, the administrator may:
(1) issue a cease and desist order;
(2) issue an order imposing a civil penalty of not more than ten thousand dollars for a single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings; or
(3) initiate the actions specified in subsection (B).
(B) The administrator may institute one or more of the following actions in the appropriate courts of this State or in the appropriate courts of another state in addition to legal or equitable remedies otherwise available:
(1) a declaratory judgment;
(2) an action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with this chapter or a regulation or order of the administrator;
(3) an action for disgorgement;
(4) an action for appointment of a receiver or conservator for the defendant or the defendant's assets.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993); 1994 Act No. 327, Section 1, eff April 20, 1994.
Effect of Amendment
The 1994 amendment deleted provisions containing references to incorrect sections.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 39 - Trade and Commerce

Chapter 73 - State Commodity Code

Section 39-73-10. Definitions.

Section 39-73-20. Commodity transactions under commodity contract or option restricted.

Section 39-73-30. Purchasers or sellers as to whom prohibition not applicable.

Section 39-73-40. Transactions as to which prohibition not applicable.

Section 39-73-50. Commodity merchant required to be registered, temporarily licensed, or exempt; board of trade must be designated.

Section 39-73-60. Prohibited acts.

Section 39-73-70. Agency, vicarious, and joint and several liability.

Section 39-73-80. Chapter not to impair other state securities laws.

Section 39-73-90. Construction and implementation of chapter; no private right of action created.

Section 39-73-310. Authority of administrator to investigate; publication of information; powers and procedures; court order to compel compliance.

Section 39-73-315. Action by administrator to prevent violation or imminent violation.

Section 39-73-320. Legal, equitable, and special remedies available to court for enforcement.

Section 39-73-325. Penalties for willful violation; for unknowing violation; reference to Attorney General for criminal proceedings.

Section 39-73-330. Secretary of State to administer chapter; confidential or public nature of information; use of information for personal gain.

Section 39-73-335. Cooperation with other jurisdictions; joint action.

Section 39-73-340. Authority to promulgate regulations, forms, and orders; insulation from liability for acts or omissions done in good faith.

Section 39-73-345. Engaging in prohibited conduct constitutes appointment of administrator to accept service of process.

Section 39-73-350. Applicability of sections 39-73-20, 39-73-50, and 39-73-60 to persons who sell, buy, or offer to sell or buy commodities in state.

Section 39-73-355. Administrative proceedings; notice; hearing; order.

Section 39-73-360. Judicial review.

Section 39-73-365. Burden of proof as to exemptions.

Section 39-73-370. Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time.